1C 22
YEAR

And one must legislate with triple caution. M e a s u r e
t w i c e, c u t o n c e! Regarding Yakhontov I have grave doubts. Check personally twice and thrice and many times over.

Lenin

ADMINISTRATION OF AFFAIRS OF THE SNK

Have my note recopied and send it to Kursky.

Lenin

8294

NOTES ON AN EXPLANATORY MEMORANDUM OF A MEMBER OF THE COLLEGIUM OF THE PEOPLE'S COMMISSARIAT OF JUSTICE

28 February 1922

To the Council of People's Commissars

Regarding the question of whether private associations and enterprises are subject to the control of the Commissariat of RKI, I consider it necessary to provide the following information:

1. With respect to cooperative associations:

According to the Regulations on RKI and the rules on preliminary and actual control, now repealed, the RKI has the right of audit both of governmental and public organizations, whereby public organizations should be understood as cooperative organizations... The Decree of 10 June 1921 on the abolition of preliminary control with respect to cooperatives abolished the preliminary audit of cooperative organizations; however, "the audit of cooperative organizations is entrusted to the NK RKI in the order of actual and subsequent audit within the limits of the rights granted to the NK RKI and the established rules of audit."

...But inasmuch as the decree of 10 June, cited above, has not been repealed, the special decree on industrial cooperatives must, evidently, be understood as the abolition of preliminary audit, and not of the right of subsequent control. Recognizing the right of RKI to subsequent control of cooperative organizations, it is necessary, however, to stipulate that this right under the new economic policy must be recognized with certain limitations.

*This is correct!*

*Incorrect!! Where does this come from??*

*That's exactly it!*

*Incorrect. And here too perhaps, but only subsequent control.*

Control by the NK RKI does not apply to the private activity of cooperative organizations, that is, work for the free market and for private persons.

Control applies only to the work of cooperative organizations in fulfilling state assignments in the sphere of proper expenditure of funds and material resources allocated by the state...

With respect to the activity of private enterprises, the Regulations on the NK RKI establish no rights whatsoever concerning audit and control. However, it would be erroneous to conclude that the organs of the NK RKI have no rights of control with respect to private industry. First of all, inasmuch as the NK RKI is charged with supervision of the fulfillment of the decrees of Soviet power, it is completely evident that violation of these decrees by private industrialists gives the NK RKI the right to bring violators to judicial responsibility. On the other hand, inasmuch as private industry in our country is now being developed through the leasing of state enterprises, it is completely evident that in this respect the NK RKI must have and does have corresponding rights of control. The NK

*That's it! That's it!*

*Not supplement, but clarify and codify.*

RKI cannot control the turnover and commercial activity of private enterprises insofar as they work for the free market, but insofar as these enterprises and generally every private enterprise works on state assignments, to that extent the rights of control of the NK RKI should be no less than its right with respect to cooperative organizations. At the same time, insofar as enterprises leased out are the property of the state and are given only in temporary use to lessees, to that extent the NK RKI has the right of control not only as an organ of state power which is obliged to supervise the proper fulfillment by the lessee of the contract, but also has the right to control the proper safeguarding of state property and its use without damage to the state...

In conclusion, I consider it necessary to point out that in view of the contradictory and uncoordinated character of the legislation concerning the rights of the NK RKI, it is necessary to supplement the new Regulations on the NK RKI with corresponding articles which would with sufficient clarity define the rights of the NK RKI with respect both to cooperative enterprises and to enterprises of private industry.

1922
YEAR

G

8293

NOTE TO I. V. STALIN

28 February 1922

Comrade Stalin! Read this and issue a strict order: draft a project in Rabkrin.

Lenin

8293

INSTRUCTION TO THE ADMINISTRATION OF AFFAIRS

28 February 1922

Forward to Stalin, and then, when he returns it, see that it is carried out.

REMARKS ON THE DRAFT REGULATIONS ON THE SMALL SNK
NOTES OF A. D. TSYURUPA

8308

[15 February 1922]

Comrade Tsyurupa!

I think you are right.

We must obtain the consent of the Politburo and begin to "curtail":

1) composition: f i v e people, indicated by you, plus 2 non-departmental [members] (Belov +?) = 7; approximately,

2) appropriations provided by the state budget, first to the NKF and Rabkrin;

to the Small SNK only in the form of appeals;

the rest as you have it.

Set forth, after further consideration, in writing these fundamentals of the curtailment of the Small SNK, obtain the opinion of the chairman of the Small SNK, carry these fundamentals through the Politburo, and then quickly develop them into a new regulation.

Perhaps further limit the commissions? strengthen the role of actual verification? subordinate all work more directly to the deputy chairmen?

With communist greetings,

Lenin

* This concerns the draft regulations on the Small SNK being worked out by A. D. Tsyurupa.